Coke v. State, 955 So. 2d 1216 (Fla. 4th DCA 2007). · Go Syfert
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Coke v. State, 955 So. 2d 1216 (Fla. 4th DCA 2007). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Piacetilli v. State (fladistctapp, 2013-12-18)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Piacetilli v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Coke v. State, 955 So.2d 1216, 1217 (Fla. 4th DCA 2007).
discussed Cited as authority (rule) Duarte v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
Coke v. State, 955 So.2d 1216, 1217 (Fla. 4th DCA 2007) (information charging aggravated battery that made specific reference to enhancement statute and alleged that defendant “shot victim in the legs” sufficiently alleged the element of “great bodily harm” allowing for enhancement of sentence); State v. Burnette, 881 So.2d 693, 695 (Fla. 1st DCA 2004) (an information may withstand an untimely challenge to a technical deficiency where a statutory citation for the crime is given, but all elements are not properly charged, or where the wrong or no statutory citation is given, but all ele…
discussed Cited as authority (rule) Lane v. State (2×)
Fla. Dist. Ct. App. · 2008 · confidence medium
To enhance the sentence pursuant to this statute, "the grounds for enhancement must be charged in the information and the jury must make a factual finding concerning those grounds." Coke v. State, 955 So.2d 1216, 1217 (Fla. 4th DCA 2007) (internal quotation and citation omitted).
discussed Cited "see" Ivory Lee Robinson v. State of Florida
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Coke v. State, 955 So.2d 1216, 1217 (Fla. 4th DCA 2007) (concluding that an information, which charged the defendant with aggravated battery by “shooting [the victim] in the legs,” was sufficient to advise the defendant of the “great bodily harm” element, as language was more specific than “simply alleging great bodily harm”); Nelson v. State, 191 So.3d at 952-53 (concluding the information indicating that the victim was “shot” was sufficient to provide notice of the “great bodily harm” element).
Retrieving the full opinion text from the archive…
Hatachi COKE, Appellant,
v.
STATE of Florida, Appellee.
4D06-3228.
District Court of Appeal of Florida, Fourth District.
May 9, 2007.
955 So. 2d 1216
2007 WL 1342501
Per Curiam.
Cited by 14 opinions  |  Published

Hatachi Coke, Milton, pro se.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The appellant, Hatachi Coke, seeks review of an order denying his rule 3.800(a) motion to correct illegal sentence. Coke[*1217] alleges his 25-year minimum mandatory sentence, imposed pursuant to section 775.087(2)(a)3., Florida Statutes, is illegal because the information did not sufficiently allege death or great bodily injury, despite the jury finding of great bodily injury for shooting the victim in the legs. We disagree and affirm.

In pertinent part, the State charged Coke, by information, with aggravated battery, by alleging:

HATACHI O. COKE on or about August 25, 2000, in the County of Palm Beach and State of Florida, while in possession of a firearm, did actually and intentionally touch or strike FERNIE EMMANUEL against the will of FERNIE EMMANUEL, and in doing so used a pistol which HATACHI O. COKE discharged at FERNIE EMMANUEL, shooting FERNIE EMMANUEL in the legs, and used a firearm a deadly weapon, contrary to Florida Statutes 784.045(1)(a)2 and 775.087(2). (2 DEG FEL)

(Emphasis added). The jury found Coke guilty as charged and made a specific finding of fact that the victim suffered great bodily injury.

For the trial court to enhance the sentence, pursuant to section 775.087(2)(a)3., Florida Statutes (2000), the "grounds for enhancement must be charged in the information" and the jury must make a factual finding concerning those grounds. Dallas v. State, 898 So.2d 163, 165 (Fla. 4th DCA 2005) (citing Jackson v. State, 852 So.2d 941, 944 (Fla. 4th DCA 2003)); see also Davis v. State, 884 So.2d 1058 (Fla. 2d DCA 2004).[1] To impose the 25-year minimum mandatory enhancement, the information must allege Coke discharged a firearm and caused great bodily harm, and the jury must have made factual findings as to these grounds.

We conclude these requirements were satisfied in this case. First, the information made specific reference to the enhancement statute. Second, the information alleged the defendant shot the victim in the legs, which we find sufficiently advised the defendant of the "great bodily harm" element. We do not believe due process requires any more specificity. In fact, the allegations are more specific than simply alleging "great bodily harm." Under this factual scenario, the information sufficiently put the defendant on notice of the likelihood of enhanced sentencing, pursuant to section 775.087(2)(a)3., Florida Statutes. And, the jury specifically found that the victim suffered great bodily harm.

Affirmed.

STONE, POLEN and MAY, JJ., concur.

1 Each of these cases reversed sentences under section 775.087, Florida Statutes, but under distinguishable factual circumstances.